Appeals Court: Bench Trial Findings Regarding Alleged Overtime Hours Were Proper
Ascertaining the actual “hours worked” by a plaintiff alleging uncompensated working time is one of a factfinder’s most thankless tasks, requiring the judge or jury to apply prevailing law regarding...
View ArticleFlorida Federal Judge Rules Business E-mails Sent During Lunch Not Compensable
While an employee must be paid for all hours worked under the FLSA, time which is “de minimis” may, depending on the circumstances, not be considered compensable “work.” Compensable “work” also does...
View ArticleTenth Circuit Affirms District Court Ruling Rejecting “Off-the-Clock” Claim
The federal regulations to the FLSA impose recordkeeping burdens on employers (see, e.g., 29 CFR § 516.2) but those same records are most vital in assisting employers’ defense of claims of unrecorded...
View ArticleSeventh Circuit Rejects Claim For Alleged Unpaid Wages Finding Construction...
While the FLSA’s “suffer or permit” standard is broad, it is not without limit. Building on a prior decision, the Court of Appeals for the Seventh Circuit reviewed several purported justifications for...
View ArticleFifth Circuit Affirms FLSA Summary Judgment Based On “Complete Lack Of...
Last week, the United States Court of Appeals for the Fifth Circuit affirmed the holding of a Texas district court that “an unsubstantiated and speculative estimate of uncompensated overtime does not...
View ArticleManhattan Restaurant Prevails On Wage-and-Hour Claims Following Trial
Demoralized by the attendant costs of litigation and a shifting compliance environment in numerous jurisdictions, many hospitality industry employers have resolved wage-and-hour lawsuits brought in New...
View ArticleEleventh Circuit Upholds District Court’s Rejection of Challenge to Employer...
Employers defending FLSA overtime claims brought by employees are often frustrated when such claims include alleged “off the clock” work despite the fact that the business properly maintained records...
View ArticleEleventh Circuit Explains That Employer Knowledge of Work Renders It Compensable
The Fair Labor Standards Act requires payment for all hours an employer suffers or permits an employee to work. This standard is broad, and an employee’s timesheet is not a panacea against claims that...
View ArticleNew Jersey Judge Reiterates That FLSA Does Not Protect “Gap Time”
The FLSA generally governs only the payment of minimum wages and overtime. It does not govern unpaid wage claims that do not result in a minimum wage or overtime violation—e.g., a claim brought by an...
View ArticleCourt Rejects Nurses’ Generalized Claim of “8 to 12” Uncompensated Hours...
The best defense for employers confronted with claims of “off-the-clock”, (i.e., unrecorded) work under the FLSA are accurate contemporaneous time records created by employees based on clearly...
View ArticleFifth Circuit: Employer Has Right to Mandate Employee Compliance with...
Overtime claims based on alleged “off the clock” work often turn on the question of whether the employer has “suffered or permitted” the employee to work uncompensated hours in excess of forty in the...
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